Expert Opinions

If I attend one IME at the request of the defence, can they make me attend a second? What if the first IME doctor gave an opinion about all my alleged injuries? What if that opinion was outside the scope

If I face formal offers and fail to beat them at trial, will I suffer costs consequences? What if it turns out that I was misleading experts and my credibility unravels at trial? In a decision released on August 16,

If the defence expert becomes argumentative and starts advocating for ICBC, will the court accept their opinion? What if the plaintiff has credibility issues? In yesterday’s decision from the Kelowna Registry, Mr. Justice Cole rejected the opinion of Dr. Laidlow

Published by Paul Hergott, Personal Injury Lawyer, on September 25, 2017

Will I be subject to intrusive investigations or intrusive testing by ICBC during my personal injury claim? For example, if I don’t want an X-Ray during ICBC’s independent medical examination of my injuries, will the court force me to get

What kind of expert will my lawyer hire to opine on my injuries? Are orthopedic surgeons really a good choice in chronic pain cases? Recently, I summarized a personal injury case that referred to ICBC’s practice of hiring orthopedic surgeons

If I have a history of lying for economic gain, will the judge believe my description of invisible injuries? What other types of evidence will they need? In a decision released this week by the British Columbia Supreme Court (Chong

Published by Paul Hergott, Personal Injury Lawyer, on September 01, 2017

When late disclosure of medical records results in the submission of a last minute supplementary expert report just before trial, who’s to blame? Is a mistrial in order? A decision released by the BC Supreme Court on August 29, 2017

Is it necessary for a psychiatric expert to medically diagnose a psychiatric illness in order for me to receive compensation for the psychological impacts a motor vehicle crash has had on me? Today’s case is a Supreme Court of Canada

I’ve heard of people exaggerating injuries looking for a big payout. How do the courts determine if someone is exaggerating their injuries for attention or monetary gain? The recent case of Ma v. Haniak (2017 BCSC 549) involved a plaintiff

I clearly remember that my symptoms started with the collision – but my doctor didn’t make any notes about it until much later. Will the court believe me? In a decision of the Supreme Court of British Columbia released this